IDEM Water Quality Certification for Impacts to Waters of the State Martha Clark Mettler Deputy Assistant Commissioner Office of Water Quality, IDEM

USACOE 404 Permit Required by the Federal Clean Water Act Required by the Federal Clean Water Act For discharge of dredged or fill material into all waters of the United States For discharge of dredged or fill material into all waters of the United States Includes wetlands when the Corps claims jurisdiction (does not include isolated wetlands as determined by the Corps) Includes wetlands when the Corps claims jurisdiction (does not include isolated wetlands as determined by the Corps) IDEM 401 Water Quality Certification required before Corps will issue the 404 IDEM 401 Water Quality Certification required before Corps will issue the 404

IDEM 401 Certification Required by the Federal Clean Water Act Required by the Federal Clean Water Act For impacts including discharge of dredged or fill material into all waters of the state which include all waters of the United States For impacts including discharge of dredged or fill material into all waters of the state which include all waters of the United States Includes wetlands when the Corps claims jurisdiction (does not include isolated wetlands as determined by the Corps) Includes wetlands when the Corps claims jurisdiction (does not include isolated wetlands as determined by the Corps) Certifies project will meet State water quality standards Certifies project will meet State water quality standards

General 404 Permits General Permits allow projects with similar characteristics that fit within prescribed categories a permit with standardized permit conditions General Permits allow projects with similar characteristics that fit within prescribed categories a permit with standardized permit conditions Issued by the Corps, but state may have additional conditions that require a 401 in addition to the 404 Issued by the Corps, but state may have additional conditions that require a 401 in addition to the 404 Nationwide and Regional General Permits Nationwide and Regional General Permits

Individual 404 Permits For projects that do not fall under a General Permit For projects that do not fall under a General Permit Public Notice issued when application is complete – simultaneous 21 day notice Public Notice issued when application is complete – simultaneous 21 day notice Site specific conditions are developed for the 401 certification and 404 permit – 401 issued 120 days from complete application Site specific conditions are developed for the 401 certification and 404 permit – 401 issued 120 days from complete application

404 Permitting/401 Certification for Coal Mining Activities Formerly permitted under Corps Nationwide 21 with no additional Indiana conditions for 401 Formerly permitted under Corps Nationwide 21 with no additional Indiana conditions for 401 Attempted to develop Indiana Regional General Permit Attempted to develop Indiana Regional General Permit Currently Individual Permits are required, but IDEM is working with Indiana Coal Council on template for 401 conditions Currently Individual Permits are required, but IDEM is working with Indiana Coal Council on template for 401 conditions

404 Permitting/401 Certification for Coal Mining Activities Mitigation for impacts to waters is required Mitigation for impacts to waters is required Monitoring to ensure mitigation success is required Monitoring to ensure mitigation success is required IDEM is coordinating with the Corps and DNR to ensure requirements work for all agencies IDEM is coordinating with the Corps and DNR to ensure requirements work for all agencies